Series E-1 Preferred Stock definition

Series E-1 Preferred Stock means shares of the Company’s Series E-1 Preferred Stock, par value $0.0001 per share.

Series E-1 Preferred Stock means (x) the Company’s shares of Series E-1 Convertible Preferred Stock as designated by that certain Certificate of Designations filed with the Secretary of State of the State of Delaware August 7, 2023 and (y) any capital stock into which such Series E-1 Preferred Stock shall have been changed or any share capital resulting from a reclassification of such Series E-1 Preferred Stock.

Series E-1 Preferred Stock has the meaning set forth in the recitals hereto.

Examples of Series E-1 Preferred Stock in a sentence

• Subject to the terms and conditions hereof, the Company agrees to issue and sell to the Buyer, and the Buyer agrees to purchase from the Company, 7,500 shares of Series E-1 Preferred Stock (the "Shares") at a price of $100 per share (the "Investment") for an aggregate purchase price of $750,000 (the "Purchase Price").

• The right to receive dividends on shares of Series E Preferred Stock, Series E-1 Preferred Stock, Series D Preferred Stock and Series D-1 Preferred Stock shall not be cumulative, and no right to such dividends shall accrue to holders of Series E Preferred Stock, Series E-1 Preferred Stock, Series D Preferred Stock and Series D-1 Preferred Stock by reason of the fact that dividends on said shares are not declared or paid in any year.

• For the sake of clarity, Section 13.1(b) shall not apply to agreements entered into with such parties other than in connection with the purchase of Series E-1 Preferred Stock and/or Series E-2 Preferred Stock and this Section 13.1 shall not limit the Company’s ability to grant licensing, distribution, manufacturing or other similar rights to strategic investors.

• This Section 4(g) shall not apply to (1) any obligations under the Stock Purchase Agreement or with respect to shares of Series E-1 Preferred Stock or Series E-2 Preferred Stock, (2) Investments (as defined in the Stock Purchase Agreement) in the Company or (3) Indebtedness (as defined in the Stock Purchase Agreement) identified on Schedule 4.19 to the Stock Purchase Agreement.

• The Company will promptly provide each Senior Investor with true, complete and correct copies of any and all investment agreements and related documents (including, without limitation, any Side Letters) entered into by the Company and any party or parties in connection with the Company’s sale of Series E-1 Preferred Stock and/or Series E-2 Preferred Stock.

More Definitions of Series E-1 Preferred Stock

Series E-1 Preferred Stock means the shares of Series E-1 Preferred Stock of the Company.

Series E-1 Preferred Stock means the Company’s Series E-1 Cumulative Redeemable Class C Preferred Stock, no par value per share.

Series E-1 Preferred Stock means the Company’s yet to be authorized convertible Series E-1 Preferred Stock which, if and when authorized, shall have the same terms, rights and privileges as the Company’s Series E Preferred Stock, including but not limited to, liquidation rights (except the Series E-1 liquidation preference will initially be $3.00 plus any declared but unpaid dividends, and dividends will not be declared on Series E unless also declared on Series E-1 and in amounts proportionate to their respective original issue prices), preferences and participation rights, at an original issue price and price per share of $3.00.

Series E-1 Preferred Stock shall have the meaning set forth in Section 1 hereof.

Series E-1 Preferred Stock means a series of preferred stock of the Company having substantially the same terms as the Series A Preferred Stock, except that (i) the Original Issue Price (as defined in the Restated Certificate of Incorporation) of the Series E-1 Preferred Stock shall be equal to the Issue Price, (ii) shares of Series E-1 Preferred Stock shall have no voting rights (including with respect to a vote on mandatory conversion in connection with a Qualified IPO (as defined in the Restated Certificate of Incorporation)), other than the right to approve (x) the amendment, alteration or repeal of any provision of the certificate of incorporation or bylaws of the Company in a manner that alters or changes the powers, preferences or rights of the shares of Series E-1 Preferred Stock so as to adversely affect them disproportionately to any other series or class of stock (it being understood that the creation of a new series of preferred stock shall not be deemed to alter or change the powers, preferences, or rights of the Series E-1 Preferred Stock or otherwise require the affirmative vote or written consent of the holders of the Series E-1 Preferred Stock), and (y) any waiver of any adjustment to the conversion price for the Series E-1 Preferred Stock, (iii) holders of Series E-1 Preferred Stock will have no rights to designate a member of the Company Board, (iv) upon transfer by the holder thereof to a third party, a share of Series E-1 Preferred Stock shall automatically convert into a share of Series E Preferred Stock if such conversion satisfies the Regulatory Condition and (v) the Series E-1 Preferred Stock shall otherwise be convertible into shares of Class A-1 Common Stock on substantially the same terms on which the Series A Preferred Stock is convertible into Class A Common Stock.

Series E-1 Preferred Stock means the shares of Series E-1 10% Convertible Preferred Stock, whose characteristics are set forth in the Certificate of Designations, Preferences and Rights of Series E-1 10% Convertible Preferred Stock filed on the date hereof.

Series E-1 Preferred Stock means the Series E-1 Preferred Stock, $0.00001 par value per share, of the Company.